2012 -- S 2808

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LC02241

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES - PAWTUCKET MUNICIPAL HOUSING COURT

     Introduced By: Senator James E. Doyle

     Date Introduced: March 21, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-2-13 of the General Laws in Chapter 45-2 entitled "General

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Powers" is hereby amended to read as follows:

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     45-2-13. City of Pawtucket -- Municipal police court -- Municipal housing court. --

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(a) The city council of the city of Pawtucket may establish a municipal police court and confer

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upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to

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hear and determine causes involving the violation of any ordinance; provided, that any defendant

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found guilty of any offense, excluding violations of the city's minimum housing ordinances and

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zoning ordinances, may, within seven (7) days of conviction, file an appeal from the conviction to

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the Providence superior court and be entitled in the latter court to a trial de novo.

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      (b) The city council of the city of Pawtucket may establish a municipal housing court

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and confer upon the court original jurisdiction, notwithstanding any other provisions of the

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general laws, to hear and determine causes involving the violation of the minimum housing

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ordinances and zoning ordinances of the city and any violation of the provisions of chapter 24.3

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of this title, entitled the Rhode Island housing maintenance and occupancy code, and chapter 24

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of this title, entitled the Rhode Island zoning enabling act of 1991, and any violation of the

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provisions of chapter 27.3 of title 23 entitled the Rhode Island state building code, and any

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violation of the provisions of those regulations promulgated by the state building code

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commission entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island state one and

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two (2) family dwelling code, SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island

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state mechanical code, SBC-5 Rhode Island state electrical code, SBC-6 state property

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maintenance code, and SBC-8 Rhode Island state energy conservation code; and provided,

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further, that any party aggrieved by a final judgment, decree or order of the Pawtucket housing

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court may, within twenty (20) days after entry of this judgment, decree or order, petition to the

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supreme court for the state of Rhode Island for a writ of certiorari to review any errors involved.

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The petition for the writ of certiorari shall state the errors claimed. Upon the filing of a petition

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with the clerk of the supreme court, the supreme court may, if it sees fit, issue a writ of certiorari

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to the Pawtucket housing court to certify to the supreme court the record of the proceedings of the

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case together with and transcript of the proceedings by the petitioner at his expense.

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      (c) With respect to violations of either municipal ordinances dealing with minimum

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housing or zoning regulations, or chapter 24.3 et seq., of this title dealing with housing

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maintenance and occupancy, or chapter 24 et seq., of this title dealing with enforcement of zoning

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regulations, the city council may also confer upon the Pawtucket housing court, in furtherance of

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its jurisdiction, the power to proceed according to equity:

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      (1) To restrain, prevent, enjoin, abate, or correct a violation;

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      (2) To order the repair, vacation, or demolition of any dwelling existing in violation;

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      (3) To otherwise compel compliance with all of the provisions of those ordinances and

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statutes; or

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      (4) To order a dwelling into receivership and to order the removal of any cloud on the

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title to the building or property which shall be binding upon all those claiming by, through, under,

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or by virtue of any inferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.

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      (d) The city council of the city of Pawtucket is authorized and empowered to appoint a

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judge to serve as both the municipal police court judge and the municipal housing court judge.

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The city council of the city is authorized and empowered to enact ordinances governing the

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personnel, operation, and procedure to be followed in the court and to establish a schedule of fees

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and costs and to otherwise provide for the operation and management of the court. The municipal

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courts created by this section may impose a sentence not to exceed thirty (30) days in jail and

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impose a fine not in excess of one thousand dollars ($1,000), or both. The courts are empowered

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to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to

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execute search warrants to the extent the warrants could be executed by a judge of the district

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court.

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     SECTION 2. This act shall take effect upon passage.

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LC02241

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - PAWTUCKET MUNICIPAL HOUSING COURT

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     This act would expand the jurisdiction of the Pawtucket Housing Court to act upon

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violations of the Rhode Island State Building Code and violations of certain regulations

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promulgated by the State Building Code Commission for properties located in the city of

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Pawtucket.

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     This act would take effect upon passage.

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LC02241

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